Tuesday 22 January 2019

WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT


WRONGFUL RESTRAINT & WRONGFUL CONFINEMENT
339. Wrongful restraint:
Whoever voluntarily obstructs any person so as to prevent that person from proceeding in
any direction in which that person has a right to proceed, is said wrongfully to restrain that
person.
Exception: The obstruction of a private way over land or water, which a person in good
faith believes himself to have a lawful right to obstruct, is not an offence within the
meaning of this section.
Illustration
A obstructs a path along which Z has a right to pass, A not believing in good faith that he
has a right to stop the path, Z is thereby prevented from passing. A wrongfully restrains Z
340. Wrongful confinement:
Whoever wrongfully restrains any person in such a manner as 10 prevent that person from
proceeding beyond certain circumscribing limits, is said "wrongfully to confine" that
person.
Illustrations
(a) A causes Z to go within a walled space, and locks Z in. Z is thus prevented from
proceeding in any direction beyond the circumscribing line of wall. A wrongfully
confines Z.
(b) A places men with firearms at the outlets of a building, and tells Z that they will fire at
Z if Z attempts to leave the building. A wrongfully confines Z.
341. Punishment for wrongful restraint:
extend to one month, or with fine, which may extend to 134[one thousand
five hundred rupees] or with both
342. Punishment for wrongful confinement
extend to one year,three thousand rupees] or with both
343. Wrongful confinement for three or more days
which may extend to two years, or with fine,
or with both.
344. Wrongful confinement for ten or more days
extend to three years, and shall
also be liable to fine
345. Wrongful confinement of person for whose liberation writ has been issued
346. Wrongful confinement in secret
347. Wrongful confinement to extort property or constrain to illegal act
348. Wrongful confinement to extort confession or compel restoration of property

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